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October 2009
GiftBasketsForOneAndAll.com
GIFTBASKETSFORONEANDALL.COM PRIVACY POLICY We are committed to protecting your privacy. This Privacy Policy details how we use your personal identifying information. This Privacy Policy may be modified at any time without notice to you. Please review this document each time you visit us or use any of our tools or services.
We will never reveal your personal information to any third party or entity except under the following circumstances, or as explained below:
If a governmental agency, or an attorney, subpoenas your private information, or makes a formal request for discovery pursuant to any legal action, or pending legal action.
If our attorney requests such information relevant to a current or pending legal matter in which you are a potential or actual party or otherwise contributed in some way to the causation of the legal matter.
Please note that we employ the use of Cookies. Currently we employ Cookies when users create user accounts, but we may further employ Cookies to assist the functionality of other tools, services and functions in the future. Cookies are small programs that enhance your use of the Internet, in general, and specifically we use Cookies to enhance your usage of our functions.
As you employ our various functions, your user name, password and email addresses are recorded in our database. A session Cookie is written to your browser for the purpose of maintaining an authenticated session with you, the user. The information gathered is not shared with third parties.
You may turn off your Cookies by adjusting the appropriate setting on your browser. Please consult the HELP menu of your browser to learn how to turn your Cookies off. Cookies do not reveal personal information and if you turn off your Cookies you may find your enjoyment of the Internet, and our site, to be reduced or impaired.
Cookies and IP addresses help us track visitors to our site and to the sites owned and maintained by our various customers. Providing such data to our customers is an inherent part of an important service we provide our contractees.
Users who visit our web sites will have their IP address, user agent, and Internet based referrer automatically recorded in our log file.
In order to seek out and repair functionality issues with our servers and related programming, we may use your email and IP addresses for evaluation and diagnostic purposes. We may also use your email and IP address to automatically recognize you should you contact us or use our tools and services. Groups of email and IP addresses are also gathered so that we may have broad demographic information.
You may be required to complete online registration forms that provide us with contact information (such as your name and street address), your email address, and your phone numbers.
We may, from time to time, send you emails regarding our service so that we can directly communicate with you regarding issues we determine to be relevant. We may also provide you with promotional information about our tools and services, as well as tools and services offered by our partners. An opt-out procedure is provided with each mailing regarding general offers or information. You must accept emails from us that deal with specific issues regarding your account or membership. This is because we may need to contact you if there is a change in the service that we are providing you or if we need to respond to an inquiry that you have sent us regarding a customer service issue or other important concern.
Naturally, should you purchase a product or service from us now or at any time in the future; we will require sufficient information from you so that we can complete the transaction. Such information could include a credit card number and related account and billing information, invoice related information, and other data required for processing the order. We will also update such data should you grant us permission to bill you or your credit card for recurring charges, such as monthly or other types of periodic payments. All information of this nature is maintained by us in a secure database and transmitted across the Internet from you to us using secured transmission encryption.
We also share your information with our partners, associates, and contractors so that we can better serve your needs, but will never sell your personal information to any third party or entity. If you have any questions about our Privacy Policy, please contact us.
Security Policy Our store takes serious measures to offer you the highest levels of protection to ensure that our website offers you a safe online shopping experience and protection of your personal information including your credit card information.
All credit card information and password data is encrypted with SSL technology (Secure Sockets Layer) in secure databases protected by a firewall. SSL technology (Secure Sockets Layer) is the Standard for encrypted data transmission on the Internet.
The use of SSL technology should allow you to feel safe and enjoy your online shopping experience for you at GiftBasketsForOneandAll.com.
Pricing Errors & Omissions
Although we make every effort to ensure accuracy of the information on our web site, sometimes mistakes happen. When errors are discovered, corrections will happen immediately. Please keep in mind that GiftBasketsForOneandAll.com must reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions, including after an order has been submitted, or the order is confirmed. If we discover a pricing error and your order was canceled as a result of this error, you will be offered a refund for the amount of your order. You will be notified via email if your order has been canceled and be given the opportunity to place the order at the correct price. Prices and availability are subject to change without prior notice.
Disclaimer
The published prices of our competitors are believed to be recent and accurate, however, such prices may have changed since they were noted by us and as such, we ask all customers to engage in their own comparative pricing analysis regarding the listed products. We believe the prices quoted to be a fair and accurate example of our competitors pricing for the items indicated but we disclaim any responsibility for any inaccuracies. Records of our competitors pricing, which note the date we last surveyed competitors prices for the items indicated, are maintained by our store and may be obtained by contacting our customer service department.
Terms & Conditions
GIFTBASKETSFORONEANDALL.COM TERMS OF USE This document comprised the Terms of Use Agreement, hereinafter referred to as the Agreement, and constitutes a legally binding Agreement between you, the visitor or member of GiftBasketsForOneandAll.com, hereinafter referred to as Our Store, This Site or We, and the owner and operators of our store. As a condition precedent to your being able to use any of the tools and services provided to you by this site, you must read and agree to be bound by each and every one of the terms and conditions contained in this Agreement. Should you access any component of the GiftBasketsForOneandAll.com com web site, or use any tool or service that this GiftBasketsForOneandAll.com offers, register as a member, or view any text or graphics, such activities on your part means expressly that you have read this Agreement and agree to be bound by the terms and conditions contained herein. Should you not agree to be bound by each and every term and condition contained in this Agreement you must leave this Site at once.
INTELLECTUAL PROPERTY PROVISION
All content provided within or via our store are protected by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via our store may be copied, published, or broadcast in any way without the written permission of the content owner. The contents of this web site may not be framed or mirrored. All trademarks presented on or via this Site are owned by its respective owner and may not be used by you in any way.
DISCLAIMER
All content, tools, and services provided via our store are provided on an as is basis, and our store disclaims any and all warranties, express or implied, including those warranties of merchantability, fitness for a particular purpose, title, non-infringement. Products may be services by manufacturer warranties, as provided by such manufacturer. Such disclaimers may be limited by the laws of your state, and if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein by our store are made and the operators of our store have not independently verified the validity of any of the content presented via our store. If is your duty to independently engage in due diligence to verify any and all claims presented by our store or any affiliates of our store.
TERMINATION OF SERVICE
We reserve the right to terminate any and all service provided to you at any time without notice for any reason we deem fit. We also reserve the right to discontinue any service or modify any service with no notice to you. If we terminate services to you, we will deactivate your account or our store membership. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. No refunds will be granted to you if we terminate your account. You agree that monetary damages may not adequately provide a remedy for us if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
REFUNDS
No refunds are given under any circumstances for any costs or fees that you have paid our store unless such refund is authorized by the manufacturer of a particular item that you have purchased.
PROHIBITED CONTENT AND CONDUCT
You understand and agree that use of the Internet means that you are subject to the risk of receiving or viewing harmful or offensive content and files. We do not promise that we will review and edit all content for safety, quality, accuracy, or decency that you encounter via our Site.
You may not: - Engage in any conduct that is harmful to this Site.
- Violate the civil rights of any third party or entity.
- Violate any law of any nature.
- Publish via this Site any content that is hateful, illegal, harmful, indecent, obscene, misleading, threatening or is, in our sole determination, objectionable in nature. You may not transmit viruses, trojans, worms or other harmful scripts or programs.
- Cyber-stalk or harass any third party or entity. You may not defame any third person or entity.
- Issue Spam, that is, bulk unsolicited email or violate any laws regarding email. Issue Spam via our messaging system.
- Impersonate any person or entity.
- Transmit, post, or upload any content that is harmful.
- Forge headers or otherwise manipulate identifying data, including IP addresses.
- Violate any intellectual property rights, rights of privacy or rights of publicity.
- Publish any chain letters, junk mail, or schemes of any nature that are not expressly allowed by this Site.
- Promote or encourage illegal activities.
AUTOMATIC VIEWING OR USAGE OF THIS SITE
- You may not use any automated scripts or robots to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure of this Site.
LINKS TO THIRD PARTY SITES
We may provide links to third party sites; however, we are not responsible for the content of such sites nor their terms of use or privacy policies. Please carefully review the terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party sites.
SUBMISSIONS
All submissions become the property of this Site. All submissions are non-confidential in nature. We may publish all submissions in any manner that we deem to be appropriate, including in all forms of media and publication. You are solely responsible for the contents of all submissions, including any violation of any law(s) contained within such submissions, copyright, privacy, fraud, and other laws and regulations. You agree to hold us harmless and defend us and indemnify us from any civil actions filed or threatened to be filed by any third party or entity who determines that your submissions supports a legal cause of action.
JURISDICTION
This Agreement will be governed by and construed in accordance with the internal laws of the State of New Jersey, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in New Jersey. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the JAMS Rules), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief.
GENERAL INFORMATION
This site may contain typographical errors or mistakes, and we disclaim any responsibility for such errors and you agree to hold us harmless from any legal responsibility for such errors. This Agreement serves as the final and only Agreement between you and this Site.
We may revise or modify any portion of this Agreement at any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that we provide to you via this Site or elsewhere. Any usage of this Site or tool or service that we provide you means that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the latest version of this Agreement.
We may post user guidelines or rules on our site. If we do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
NOTICE
Notices to you may be issued via electronic mail or by surface mail, at our sole selection.
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